"The ultimate touchstone of constitutionality is the Constitution itself and not what we have said about it"
About this Quote
The subtext is a fight over judicial legitimacy. Mid-20th-century constitutional battles forced the Court into the role of national umpire on labor, civil liberties, New Deal governance, and later civil rights. In that climate, the Court’s words could harden into authority with a life of their own. Frankfurter, often associated with judicial restraint, is trying to keep the institution from becoming a quasi-legislature by citation. He’s also speaking to lawyers who weaponize precedent: if you can win by stacking quotes from opinions, you can avoid the harder question of whether the Constitution, read honestly, bears the weight you’re putting on it.
It works because it sounds like a truism while undermining the Court’s vanity. The Court is necessary, Frankfurter implies, but not infallible; its best discipline is remembering that it is interpreting a charter, not writing one.
Quote Details
| Topic | Justice |
|---|---|
| Source | Help us find the source |
| Cite |
Citation Formats
APA Style (7th ed.)
Frankfurter, Felix. (2026, January 15). The ultimate touchstone of constitutionality is the Constitution itself and not what we have said about it. FixQuotes. https://fixquotes.com/quotes/the-ultimate-touchstone-of-constitutionality-is-146268/
Chicago Style
Frankfurter, Felix. "The ultimate touchstone of constitutionality is the Constitution itself and not what we have said about it." FixQuotes. January 15, 2026. https://fixquotes.com/quotes/the-ultimate-touchstone-of-constitutionality-is-146268/.
MLA Style (9th ed.)
"The ultimate touchstone of constitutionality is the Constitution itself and not what we have said about it." FixQuotes, 15 Jan. 2026, https://fixquotes.com/quotes/the-ultimate-touchstone-of-constitutionality-is-146268/. Accessed 18 Feb. 2026.






